HLS 10RS-962 ENGROSSED
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Regular Session, 2010
HOUSE BILL NO. 876
BY REPRESENTATIVES ST. GERMAIN AND DOVE AND SENATOR N.
GAUTREAUX
FISHING/OYSTERS: Removes the requirement for payment of a survey fee for oyster
leases
AN ACT1
To amend and reenact R.S. 56:427(A) and 428(B), relative to oyster leases; to delineate2
responsibility for obtaining a survey of the lease area; to provide relative to a lease3
application fee; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 56:427(A) and 428(B) are hereby amended and reenacted to read as6
follows:7
§427. Initial application for lease8
A. Any person who qualifies under this Subpart and who desires to lease a9
part of the bottom or bed of any of the waters of this state as provided in this Subpart10
shall present to the secretary a written application, with a cash deposit of such11
amount as is determined by the department. and pay an application fee set by the12
commission. This application shall contain the name and address of the applicant13
and a reasonably definite description of the location and amount of land covered by14
water desired by the applicant. The applicant shall ask that the application be15
registered, that the water bottom be surveyed, that a plan or map of survey thereof16
be made, and that the water bottom described be leased to the applicant under the17
provisions of this Subpart. The department shall then register the application, shall18
order an examination to determine whether the water bottoms applied for are19 HLS 10RS-962 ENGROSSED
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leasable, and shall determine the basis upon which the rental of the lease shall be1
fixed. If the area is found to be leasable, a survey and plan shall be made at the2
expense of the applicant, at a fee to be fixed by the commission. The expense shall3
be paid by the applicant to the department in compensation for the services of4
making the survey, at the time the survey is made. the applicant shall submit to the5
department a survey of the area for which the application was submitted. Such6
survey shall have been conducted in accordance with the standards required by the7
department. The application shall remain in effect and valid until such time as the8
survey is complete. If the application is favorably acted upon, the secretary may, at9
his option, execute a lease for the water bottoms to the applicant as soon as the10
survey has been made, and the plan or map thereof has been filed with the11
department, and the costs have been paid by the applicant.12
* * *13
§428. Commencement and duration of lease; renewal; fixing of rental rates14
* * *15
B. The secretary has sixty days from the date of expiration of a lease to16
execute a renewal lease. If a renewal lease is not executed within this sixty-day17
period, the lease is automatically renewed. In either situation, the fifteen-year period18
of the renewal lease shall begin on the first day following the expiration date of the19
prior lease, and the renewal lease shall be assigned the same number used for the20
prior lease with the addition of a designation to indicate which year the lease was21
renewed. A If a leaseholder wishes to change the configuration of his lease in22
accordance with the department's rules governing leased areas, a resurvey and plan23
of the water bottom included in a renewal lease shall be made by the department at24
the expense of the leaseholder in accordance with the standards required by the25
department and at the fee set by the commission and a copy supplied to the26
department. This resurvey and plan may be made subsequent to the beginning date27
of a renewal lease. The expense of the resurvey and plan shall be paid by the28
leaseholder in compensation for the services of making the resurvey at the time the29 HLS 10RS-962 ENGROSSED
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resurvey is made. The The department may resurvey any lease for potential conflicts1
with department rules and regulations. If the department determines that a resurvey2
will be conducted, the leaseholder shall be given ten days written notice of the3
scheduled resurvey by the department and may be present at the resurvey.4
* * *5
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
St. Germain HB No. 876
Abstract: Relative to oyster lease applications, repeals the requirement for a survey fee to
be paid and instead requires the applicant to obtain the survey and submit it to the
Dept. of Wildlife and Fisheries.
Present law, relative to oyster leases, requires the applicant for such or the lease holder of
record to pay to the Dept. of Wildlife and Fisheries a lease survey fee to conduct a survey
of the acreage applied for or, in the case of a renewal, the acreage under lease.
Proposed law removes the requirement for such survey fee and requires the applicant or
lease holder of record to obtain a survey and submit the survey to the Dept. of Wildlife and
Fisheries. Authorizes the department to resurvey to determine conflict with department
rules.
Proposed law removes the requirement for a survey on a lease renewal but requires a survey
to be conducted in accordance with the department's standards whenever a leaseholder
wishes to change the configuration of his lease in accordance with the department's rules
governing leased areas.
(Amends R.S. 56:427(A) and 428(B))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Natural Resources and
Environment to the original bill.
1. Removed the requirement for a survey on a lease renewal but required a survey
to be conducted in accordance with the department's standards whenever a
leaseholder wishes to change the configuration of his lease in accordance with
the department's rules governing leased areas.